This is a discussion on carry on school grounds in Texas within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Its good to hear a couple of Red Raiders talk about CHLs. Good information Doc...
Its good to hear a couple of Red Raiders talk about CHLs.
Since your 2010 comment on this forum about what was and wasn't "school sponsored," I was wondering if you knew of any case law that had defined the term, "school sponsored?" (in reference to CHL and being on a campus). Was there any further legal clarification of the term as you know it. I can't find anything. If I drop off a kid and then walk over to a bake sale, could I still potentially be arrested (if bake sales are "school sponsored" events I think I could).
Any further determinations?
It is interesting to see this thread still alive. While deciding whether to re-apply for my CHL I have been reviewing Texas statutes and I am not so sure the answer that "unlawful carrying weapon statute in Texas does not apply in the driveway/parking lot of a school is correct," although I believe that to be the proper interpretation. I am concerned some flaky court may not agree with that interpretation.
While there is an Attorney General opinion from 1995 that suggests that to be the case, it does not really address an ambiguity in the statute and techincally addresses the issue only in the context of a CHL licensee (but to which the applicable Penal Code provision does not provide a defense). That opinion might not be available for a "mistake of law" defense, but I sure plan to use it.
Texas Penal Code Sec. 46.03(a) prohibits carrying a weapon on "physical premises" (granted parking lot is not "premises" under 46.035) BUT the same statute 46.03(a) further prohibits carrying a weapon on "any grounds or building on which an activity sponsored by a school or educational institution is being conducted". Isn't the parking lot/driveway of a school part of the grounds on which the school activity is being conducted? Legislature really needs to clarify, again. The defined term "premises" is not applied or used in the further prohibition.
I believe the intent of the clarification of "premises" was to limit possible criminal exposure for driving through the driveway or parking in the parking lot, but why did they add or keep the "any grounds" language in 1995 if that was the intent. I assume it was because they wanted to "protect" school participants at private venues, such as soccer fields or ball parks or museums, but they could have said "any grounds not owned or controlled the particpating school" or something similarly complex.
I hope Mr. LeVick replies, as does anyone else who may have "official" or "semi-official" interpretations of the "any grounds" language under Texas law. A DA's opinion would be especially helpful.
Fighting about how many cheeiros there are in the bowl, is wasted effort, when you wanted a bowl of oatmeal in the first place. Think BIGGER . Most Mid-West states, including ours, have those laws..... Texas is starting to look anti-gun in comparison to many of the other states in the Midwest. It is a real misnomer to say Texas is "gun-friendly" and has some of the best laws in terms of guns in the Midwest, when in actuality.... Texas is one of the strictest. If you don't believe me, look at not only this law, but your open carry laws as compared to other states in the Midwest.
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http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf (TEXAS CONCEALED
HANDGUN LAWS AND SELECTED STATUTES 2011- 2012)
PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an
offense if the person intentionally, knowingly, or recklessly possesses or
goes with a firearm, illegal knife, club, or prohibited weapon listed in
(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(f) In this section:
(3) “Premises” means a building or a portion of a building. The
term does not include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
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We have a couple websites here in Ga that puts the law into plan English. Both are run by lawyers and are free. Georgia Conceal Carry and Georgia packing .org. Maybe there is a website for Texas. And there is a free app that you can look up the gun laws of any state it is called Legal Heat. Hope this helps. In Ga if you got out of you car while carry you were in violation of the law. If you stayed in you car in Georgia it can be any parking lot on school grounds. Hope this helps. I looked at the app and it is confusing look up Texas law (PC46.03(A) (1)). Sorry that's as helpful as I can be.
Concealed carry is a genie which will not get back in the bottle, no matter how hard the antis might try. ~ Mike1956